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AF | BCMR | CY2002 | 0200165
Original file (0200165.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00165
            INDEX CODE:

      APPLICANT  COUNSEL:  DAV

      SSN   HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he served in the Republic of  Vietnam
during his Air Force (AF) career.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 states  there  are  no  documents  in  the  applicant's
records to indicate that he was stationed in Vietnam.   The  applicant
did however submit a copy of an order showing a 10-day TDY to Vietnam.
 However, a review of his medical records showed he was  seen  in  the
Dispensary in Taiwan during the time frame the he alleges to have been
in Vietnam.  The applicant was requested to provide any  documentation
he  may  have  in  support  of  his  claim.   He  has  not  responded.
Therefore, based on the information provided  they  recommend  denying
the requested relief.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his claim with the  Veterans  Administration  has
nothing to do with his request.  He wants acknowledgement of his  time
 served in Vietnam.  His  being in the  dispensary on  11  April  1968
has nothing to do with the date of the TDY order.  He was not  in  the
dispensary from 11 April through 26 April 1968.  He does  not  have  a
travel voucher for this TDY,  but  he  will  find  his  supervisor  to
substantiate that he was TDY in Vietnam (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  The evidence in the  applicant's
records does not support his request to have his records corrected  to
reflect time served in Vietnam.  The applicant submitted a  TDY  order
showing a scheduled  TDY  to  Vietnam,  but  the  applicant's  medical
records indicate he was seen in the Dispensary at  Ching  Chuan  Kang,
AB, Taiwan during the same time frame.   Applicant’s  contentions  are
duly noted; however, we agree with the opinion and  recommendation  of
the Air  Force  and  adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  Should the  applicant  provide  further  documentation  to
support his assertions, we would be inclined to review the application
for possible reconsideration.  However, in the absence of evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
00165 in Executive Session on 16 July 2002 under the provisions of AFI
36-2603:

                 MS. Peggy E. Gordon, Panel Chair
                 Mr. James E. Short, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP2, dated 25 Apr 02.
   Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.
   Exhibit E.  Applicant's Response, dated 12 Jun 02.




                                   PEGGY E. GORDON
                                   Panel Chair

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